Amended Act,2005 concerned,
Section 23 of the HS Act,1956 no doubt disentitles a female heir to
ask for actual partition in respect ... Act is deleted by the HS Amended Act,2005 and as such after the HS
Amended Act,2005 came into force pending the appeal, there
provisions of Sections 2 , 3 , 6(2) , 7(b) of the Partition Act read with Rule 9(1) of the Rules framed under that Act ... among co-sharers of joint property under Section 3 of the Partition Act (hereinafter called the Act), failure to deposit the bid amount would automatically
fresh suit. The defendant invoked provisions of Section 3 of the Partition Act, 1893 and opposed the withdrawal of the suit. The Trial Judge, having ... partition, but they only contended that there was earlier partition which is binding on all. Therefore, in my considered opinion, Section 23 of the Act
seek premtion rights in a suit filed for partition under Section 4 of Partition Act. When Nallam Estramma and her children got issued ... suit filed for partition, the defendants 4 to 7 can claim relief under Section 4 of Partition Act and placed reliance in Karri Perri Naidu
Hindu Succession Act, 1956 gives an overriding application to the provisions of the Act on the Law at it obtained previously, The Act supersedes ... Act. The right conferred on a Hindu Widow under Section 3(3) of the Hindu Women's Right to Property Act to seek partition
this section
partition means any partition made by execution of a
deed of partition duly registered under the Registration
Act ... this section
partition means any partition made by execution of a
deed of partition duly, registered under the Registration
Act
finding of partition or partial partition under section 171 only if the partition in question satisfies the definition of the expression "partition" found ... partition. Unless that is satisfied, there can be no partial partition either, because "partial partition" is defined to mean a partition which
only to implement the process of equitable partition. The provisions of Partition Act do not in any way entrench upon the undoubted power ... read as to obstruct and retard the process of the partition itself. The partition Act is not inconsistent with the general power of the Court
allotment of one such share
to the plaintiff.
b) for applying partition Act in respect of plaint-B schedule
properties and to allot ... Whether the plaintiff is entitled to ask for partition
of B schedule by applying partition Act dividing
into 3 equal shares and to allot
right of preemption in view of Section 4 of the Partition Act. This contention appears to be preposterous. Section 4 of the Partition Act ... defendant to have invoked the provisions of Section 4 of the Partition Act. The plaintiffs right has not been crystallised yet and he cannot
